Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism.
The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
You can read this ebook online in a web browser, without downloading anything or installing software.
This ebook is available in file types:
This ebook is available in:
After you've bought this ebook, you can choose to download either the PDF version or the ePub, or both.
The publisher has supplied this book in DRM Free form with digital watermarking.
You can read this eBook on any device that supports DRM-free EPUB or DRM-free PDF format.
The publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it.
To read this ebook on a mobile device (phone or tablet) you'll need to install one of these free apps:
To download and read this eBook on a PC or Mac:
The publisher has set limits on how much of this ebook you may print or copy. See details.